JA_DVS-Clipster-GEN6-MK1-service_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2027-LGR-0122

Form Updated 4/14/2023

Justification & Approval

As a legislative branch agency, the Library is subject to the competition and advertising requirements of 41 U.S.C. § 6101. Like the Competition in Contracting Act and the FAR, 41 U.S.C. § 6101 does not require competition when a contracting officer certifies that only one source or brand-name item is available, when dictated by public exigency, or when otherwise authorized by law.

This document sets forth the justification and approval for award of a contract or order by means providing for other than full and open competition per 41 U.S.C. § 6101, LCR 7-210, and, as applicable, FAR 6.302, FAR 13.106-1, FAR 8.405, and FAR 16.505. Contracting without competition shall not be justified on the basis of a lack of advance planning or concerns related to availability of funds.

This form shall be used to support instances where competition will be limited to a single source, a limited number of sources, including where a brand name product is required.

Part 1 – Identification

1. Contracting Agency and Activity: Library of Congress, LCSG/RCS/NAVCC/PSS

2. Nature of Action Being Approved

Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC: Identify Schedule/Contract Other: Identify

Plan ID Number: 2027-LGR-0122 Contractor (or Brand Name): CineCert, Inc.

Estimated Value (Base and all options):

Period of Performance: 01/31/2027 thru 01/30/2032

3. Description of Supplies or Services Required to Meet Library Needs

Describe the supplies or services that are required to meet the Library’s minimum needs and the delivery schedule required to meet those needs. Do not focus on a description of the program.

The Library requires the following supplies or services: The Library of Congress (Library) requires contract support to provide maintenance and support for the Digital Video System (DVS) Clipster Gen6 equipment at the Library of Congress/National Audio Video Conservation Center (NAVCC) production facility. The contractor shall maintain, service, and/or repair Clipster Gen6 equipment under Material # 2904.3005K17 // Serial # 181738. The equipment needs to be maintained in good working condition according to the manufacturer’s specifications.

Justification and Approval

Plan ID Number:

Form Updated 12/10/2025

Part 2 – Program Office Justification & Approval

4. Authority for Contracting Without Competition Over $350,000

Up to and including $350,000 For this requirement up to $350,000, using simplified acquisition procedures under FAR part 13, the basis for contracting without providing for full and open competition is:

Only one responsible source is reasonably available to meet Library requirements. 41 U.S.C. § 6101(b); FAR 13.106-1.

Product or service is reasonably available from only one source.

Source controls copyrights, patents or other exclusive licensing arrangements.

Urgent circumstances; only one source can reasonably deliver by required date. Option years are not permitted.

Source is expressly authorized or required by statute: Identify the authority

Library’s needs can only be satisfied by a brand-name product The Product is listed the Library of Congress Enterprise Architecture Repository (LCEAR) database (Attach applicable

IT Standard Data Sheet)

5. Rationale for Contracting Without Competition

In supporting an action not providing for full and open competition, it is not sufficient to demonstrate that the contractor is exceptionally well qualified or even the best qualified, or that the required brand name product is well suited to the Library’s needs. The rationale must demonstrate that no one else, or no other competing product, can satisfactorily fulfill the Library’s requirement. Do not focus on the importance of the requirement; the issue is the rationale for not competing.

In supporting urgency, address the following: What are the unexpected facts or the unpredictable events that led to this situation? When is the required delivery or performance start date? Why this date? What specific harm to the Government will occur if the delivery is not made or performance not begun as scheduled? (Note that expiration of funds is not sufficient harm to justify not competing.) Demonstrate that the contract is only for items and quantities urgently needed until a competitive procurement action can be developed, or that a separate competitive follow-on is not practical.

In supporting a brand name justification, the brand name or feature must be essential to the Library’s requirements, and market research indicates that other company’s similar products or products with similar features cannot meet or be modified to meet the Library’s needs.

We are authorized to limit competition on the basis of the citation in section 4 because: This contract is for factory authorized maintenance of specialized equipment purchased in FY18 known as the DVS Clipster Gen6 MK1, which is a capitalized asset #E180007. The purpose of this system is to provide file conversion services for the Film Lab at NAVCC. The system is designed to interface with existing infrastructure. This system consists of hardware and proprietary software. Maintenance service for this equipment is provided by the factory. No company other than the manufacturer is able to provide software support on proprietary software. On September 8, 2026, the contract specialist contacted the current contract holder (Rohde and Schwarz) to inquire if CineCert is the only company authorized to perform maintenance on the DVS Clipster GEN6 MK1 Workstation. Rohde and Schwarz were the original owners of Clipster. They responded, “Yes, CineCert is the only company authorized to perform maintenance on the Clipster product. Rohde and Schwarz sold the Clipster and its IP to CineCert so they own the product now.”

6. Actions to Overcome Barriers to Competition Before Subsequent Contract Is Required

State what actions, if any, the program office can take to overcome barriers to competition before a contracting for this requirement again, such as:

using action to provide time to develop specifications for a competitive procurement by a certain date; licensing copyrights or patents so other contractors may use the works; or breaking the requirement into parts that may be purchased competitively. If this is a one-time requirement, explain that action to increase future competition is not needed. If the source is expressly required by statute, state “Source is statutory.”

To increase competition, we will: The expert audio-visual preservation specialists at the NAVCC will monitor industry developments to determine if any other vendors are authorized by CineCert, Inc. in the future to provide this type of maintenance. If that occurs the Library will open future contracts to full and open bidding.

7. Program Office Certification

I certify that the description of the Government’s minimum needs, schedule requirements, and technical information that provide the basis for this justification are accurate and complete.

09/03/2026

Date